[2013] KEHC 599 (KLR)
The court found that the sentence of four years imprisonment imposed on the appellant for the offence of stealing under section 275 of the Penal Code was illegal, as it exceeded the statutory maximum of three years. The appellant was a first offender, the stolen motor cycle was recovered, and he pleaded guilty,...
Source-derived case information.
- Citation
- [2013] KEHC 599 (KLR)
- Parties
- Appellant: ULEDI ALI; Respondent: REPUBLIC
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 250 of 2011
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed in part; sentence reduced to period served; appellant released unless otherwise lawfully held
- Judges
- GO Shikwe
- Legal Topics
- Sentencing Illegality, Stealing Offence, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
ULEDI ALI
Appellant
REPUBLIC
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed exceeded the statutory maximum for the offence of stealing contrary to section 275 of the Penal Code.
- 2 Whether the period already served by the appellant constituted sufficient punishment given the circumstances.
Ratio Decidendi
The court found that the sentence of four years imprisonment imposed on the appellant for the offence of stealing under section 275 of the Penal Code was illegal, as it exceeded the statutory maximum of three years. The appellant was a first offender, the stolen motor cycle was recovered, and he pleaded guilty, thereby saving judicial time. Having served more than two years, the court deemed this period sufficient punishment and ordered the sentence reduced to the period already served, resulting in the appellant's immediate release unless otherwise lawfully held.
Court Disposition
appeal allowed in part; sentence reduced to period served; appellant released unless otherwise lawfully held
Orders
- The sentence of four years imprisonment is reduced to the period already served.
- The appellant is set at liberty unless otherwise lawfully held.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL APPEAL NO. 250 OF 2011
ULEDI ALI …......….........................................................….. APPELLANT
VERSUS
REPUBLIC ……….……....................................................…RESPONDENT
(From original Conviction and Sentence in Criminal Case No. 108 of 2011 of the Senior Resident
Magistrate's Court at Kaloleni – Hon. Sylvia Wewa - SRM)
JUDGMENT
ULEDI ALI hereinafter referred to as the Appellant was Convicted and Sentenced to four (4) years imprisonment for the offence of stealing contrary to section 275 of the Penal Code.
The particulars are that on the 6th day of April, 2011 at Kwa Safari stage in Rabai – Kilifi County, he stole one motor cycle registration number KMCL 406U make Haojin red in colour and of the value of Ksh. 63,000/= the property of LINA MULONGO FURAHA.
The appellant pleaded guilty to the charge and was convicted on his own plea and sentenced to four (4) years imprisonment.
The maximum sentence for the offence of stealing contrary to section 275 of the Penal Code is three (3) years. The sentence of four (4) years was therefore illegal.
It is noted that he was treated as a first offender. The motor bike was recovered. He did not waste Judicial time.
He was convicted on 20th April, 2011. He has served more than two (2) years imprisonment term. That period is deemed enough punishment. It is ordered that the four (4) years imprisonment term be and is hereby reduced to the period he has already served.
He is set at liberty unless otherwise lawfully held.
Judgment dated and delivered this 16th day of December, 2013.
…..................
M. MUYA
JUDGE
16TH DECEMBER, 2013
In the presence of:-
State Counsel Mr. Mureithi
Thee Appellant present
Court clerk Badru